19To:
From:
Date:
SUBJECT:
BACKGROUND:
SUPPORT:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Hector Mirabile, PhD, City Manage;-::r/ 19
November I, 2011 Agenda Item No.:
20m
An ordinance amending the fee schedule to increase some, adding new, and
deleting some fees from the schedule.
The city administration periodically reviews the city's fee schedule. The
city administration is proposing changes within one section of the schedule
of fees.
Section 20-3.3(E) of the City's Land Development Code provides
regulationsgoveming outdoor seating and dining permits for all commercial
properties. Additionally, Section 20-3.3(E)(3) provides for the charging of
an annual fee for each outdoor seat as enumerated below.
The fee for outdoor dining/seating use and area shall be charged annually
for each outdoor seat located on public rights-ol-way and or any stand
alone table top with no seating which is usedfor consumption of beverages
or food. The fees to be charged shall be set forth in a resolution or
ordinance to be adopted by the City Commission. The permit fee shall be
added to the annual occupational license fee and the payment of all
outstanding violation fees for the main business.
On September 2, 2008, the Commission adopted Resolution 150-08-12747,
establishing an escalating fee structure for permits allowing outdoor
restaurant seating and dining on public right-of-way pursuant to Section 20-
3.3(E). The Resolution established the following:
The fee for outdoor dining/seating use and area will be charged annually in
the amount of $25 for each outdoor seat located on public right-of-way. The
annual fee for each outdoor seat shall be automatically increased by $10
each year until the fee for each seat is a maximum of $65. The proposed
amendment of the fee schedule for outdoor seating on the public right-of-
way for FY2011-2012, is from $45 to $55.
Proposed Revised Schedule of Fees for the Planning & Zoning section.
Resolution 150-08-12747
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ORDINANCE NO. _____ _
An Ordinance relating to the fee schedule; amending ordinance 31-11-2104 as
amended by ordinances to increase some fees, adding new fees, and deleting
some fees from the schedule.
WHEREAS, the City reviewed fees schedules for Miami-Dade County and several municipalities;
8 WHEREAS, the City found that fees for the County and other municipalities are higher than those
9 fees included in the South Miami Fee Schedule; and,
10 WHEREAS, the cost of services for Planning; Building; Parking; Parks & Recreation; Public
11 Works; Central Services; and other related fees increased considerably in the past year with new services
12 being requested; and,
13 WHEREAS, the Mayor and City Commission desire to adopt a new Fee Schedule allowing
14 funding which will cover the cost of services provided; and,
15 WHEREAS, any such fees may be waived or reduced by the majority vote of the Mayor and City
16 Commission by way of resolution.
17 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
18 CITY OF SOUTH MIAMI, FLORIDA THAT:
19 Section I. Ordinance 31-11-2104 shall be amended as set forth in the attached Permit Fee/Fee
20 Schedule sections.
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22 Section 2. Any such fees may be waived or reduced by the Mayor and City Commission by way
23 of resolution.
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25 Section 3: Severability. If any section, clause, sentence, or phrase of this ordinance is for any
26 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
27 validity of the remaining portions of this ordinance.
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29 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all section and
30 parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the
31 intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being
32 in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict
33 needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by
34 amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion
35 that needs to be repealed to harmonize the two ordinances shall be repealed.
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37 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED on this __ day of , 2011.
ATTEST: APPROVED:
CITY CLERK MAYOR
Schedule to Fees Revised FY 12 Page lof2
Additions shown by underlining and deletions shown by ~~
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1st Reading
2nd Reading
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer:
Commissioner Harris:
16 w:\my documents\resolutions\ordinance schedule of feesll.01.1Ldocx
Schedule to Fees Revised FY 12 Page 2 of2
Additions shown by underlining and deletions shown by e¥Cfstriiciag.
PLANNING AND ZONING FEE SCHEDULE
Description 2008 2009 2010 2011
ERPB APPLICATIONS
RS AND RT ZONING DISTRICTS
New construction, per dwelling unit $750 $750 $750 $750
ALL OTHER ZONING DISTRICT
New construction $900 $900 $900 $900
Renovation $450 $450 $450 $450
Signs $225 $225
First sign $225 $225
Each additional sign $50 $50
Revisions, fences, walls, etc. $225 $225 $225 $225
Each additional appearance before the Soard $150 $150 $150 $150
Appeal ERPS decision $100 $100 $100 $100
REZONING
Ten acres or less per lot $6,000 $6,000 $6,000 $6,000
Over ten acres per lot $20,250 $20,250 $20,250 $20,250
SPECIAL EXCEPTIONS
Each application $3,000 $3,000 $3,000 $3,000
Each extension request $500 $500 $500
SPECIAL USE APPLICATIONS
Each application $3,000 $3,000 $3,000 $3,000
Each extension request $500 $500 $500
VARIANCES
First variance request $3,000 $3,000 $3,000 $3,000
Each additional variance request $1,125 $1,125 $1,125 $1,125
Each extension request $500 $500 $500
PLANNED UNIT DEVELOPMENT (PUD)
PU D Major change $5,250 $5,250 $5,250 $5,250
PUD Minor change $1,500 $1,500 $1,500 $1,500
PLAT APPLICATION
Tentative plat $5,000 $5,000 $5,000 $5,000
Final plat $4,000 $4,000 $4,000 $4,000
Waiver of plat $4,500 $4,500 $4,500 $4,500
LDC AMENDMENT (Text Amendments)
I. General standards, miscellaneous provisions $3,000 $3,000 $3,000 $3,000
II. Change permitted use schedule $6,000 $6,000 $6.000 $6,000
PLANNING AND ZONING FEE SCHEDULE
COMPREHENSIVE PLAN AMENDMENT
Each application $30,000 $30,000 $30,000 $30,000
DEVELOPMENT OF REGIONAL IMPACT (DRI)
Application fee, plus $25,000 $25,000 $25,000
Residential, per square foot of gross floor area $0.075 $0.075 $0.075
Non-residential, per sq. ft. of gross floor area $0.10 $0.10 $0.10
Mixed-Use, per square foot of gross floor area $0.10 $0.10 $0.10
DRI SUBSTANTIAL CHANGE
Per square foot of gross floor area of change $0.075 $0.075 $0.075
DRI EXEMPTION SENATE BILL 360
Per request, plus $25,000 $25,000 $25,000
Residential, per square foot of gross floor area $0.075 $0.075 $0.075
Non-residential, per sq. ft. of gross floor area $0.10 $0.10 $0.10
Mixed-Use, per square foot of gross floor area $0.10 $0.10 $0.10
TEMPORARY SIGNS & BANNERS
Temporary signage, per sign (maximum 30-days) $75 $75 $75 $75
Banner over public street (maximum 14-days) $300 $300 $300
Banner per pole (minimum $300) (per 30-days) $300 $300 $30 $30
MD COUNTY SIGN APPLICATION
per sign $100 $100 $100
NEWSRACK APPLICATION FEE
per newsrack $50 $50 $50 $50
OUTDOOR SEATING
Seating/Dining on Public Right-of-Way
Each outdoor seat, annually (annually increase by $10 to max.
of $65) $25 $35 $45 4& 55
Each stand-alone table top without seating used for
consumption of beverages or food, annually $520 $520 $520 $520
Seating/Dining on Private Property
Annual permit for all outdoor dining/seating $250 $250 $250 $250
OUTDOR DISPLAY OF RETAIL MERCHANDISE
Annual permit for outdoor display of retail merchandise $250
PERMANENT GENERATOR
Each application $100 $100 $100 $100
PLANNING AND ZONING FEE SCHEDULE
TEMPORARY STORAGE UNIT (PODS)
Residential (max. size S' x 16', per 14 day period) $50 $50 $50
Non-residential (max. S' x 32', per 30 day period) $150 $150 $150
If associated with a building permit No fee No fee
TREE REMOVAL PERMIT
First tree to be removed $75 $75 $75 $75
Each additional tree to be removed 35 35
ALCOHOLIC BEVERAGE LICENSE
I Administrative Per Se $100 $100
2 Administrative Per Se $200 $200
3 Administrative Per Se $500 $500
I Consumption on Premises $250 $250
2 Consumption on Premises $250 $250
4 thru 8 Consumption on Premises $750 $750
4 Consumption on Premises -SRX $1,000 $1,000
MICROFILM RESEARCH
Per request $100 $100 $100 $100
VACATE STREET, ALLEY, EASEMENT or OTHER
PUBLIC PER REQUEST $3,000 $3,000 $3,000
COVENANTS, EASEMENTS OR DEVELOPMENT
AGREEMENTS PER REQUEST $5,000 $5,000 $5,000
MODIFICATION I RELEASE OF RESTRICTIVE
COVENANTS, EASEMENTS OR DEVELOPMENT
AGREEMENTS PER REQUEST $500 $500 $500
REQUEST OR RELEASE OF UNITY OF TITLE EACH
APPLICATION $1,500 $1,500 $1,500
PHOTOCOPIES AND PUBLICATIONS
Microfilm reader/printer copies, each $12 $12 $12 $12
Official zoning map in color $15 $15 $15 $15
Small official city map $5 $5 $5 $5
Future land use map in color $5 $5 $15 $15
Custom GIS map, each copy $15 $15 $15 $15
Land Development Code $75 $75 $75 $75
Comprehensive Plan $50 $50 $50 $50
Hometown Regulations $5 $5 $5 $5
Census data packet $3 $3 $3 $3
Black & White copy, single-sided $0.15 $0.15 $0.15 $0.15
Black & White copy, double-sided $0.30 $0.30 $0.30 $0.30
PLANNING AND ZONING FEE SCHEDULE
LETTERS
Condominium conversion letter
Flood zone letter
Zoning and land use verification letter
$1,000
$75 $75
$1,000
$100
$100
$1,000
$100
$100
ORDINANCE NO. 31 -11-21 04
An Ordinance, amending the City of South Miami's existing Fee Schedule
Ordinance No. 04-11-2077 to make modifications to the Fee Schedule.
WHEREAS, the cost of services for Parks & Recreation, Public Works and Finance and other
related fees increased considerably in the past year with new services being requested; and,
WHEREAS, the Mayor and City Commission desire to adopt a new fee schedule allowing
funding which will cover the cost of services provided; and,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF TIlE CITY OF SOUTH MIAMI, FLORIDA UIAT:
Section 1: The City's Fee Schedule is hereby amended as set forth in the attached Fee
Schedule.
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
validity of the remaining portions ofthis ordinance.
Section 3. All ordinances or parts of ordinances and all section and parts of sections of
ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section
to repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when
the two ordinances can be hannonized or when only a portion of the ordinance in conflict needs to be
repealed to harmonize the ordinances, If the ordinance in conflict can be harmonized by amending its
terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion that needs to
be repealed to harmonize the twei ordinances shall be repealed.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED AND ADOPTED this 18tblayof October -,2011.
ATTEST:
I"Reading-10/4/11
2nd Reading-10/18/11
Page 1 of!
COMMISSION VOTE: 5 -0
Mayor Stoddard: Yea
Vice Mayor Newman: Yea
Commissioner Palmer: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Additions shown by underlining and deletions shown by e¥efSt~
RESOLUTION NO. 150-08-12747
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA ESTABLISHING REVISED FEES
FOR PERMITS ALLOWING OUTDOOR RESTAURANT
SEATINGIDINING PURSUANT TO SECTION 20-3.3(E) OF THE LAND
DEVELOPMENT CODE; AND REPEALING RESOLUTION NO. 134-08-
12731; PROVIDING AN EFFECTIVE DATE.
WHEREAS; Land Development Code Sections 20-3.3(E) and 20-7.29 provides regulations
governing outdoor seating/dining permits; and
WHEREAS, and the Planning Board, the City Commission and City Administration have
responded to concel11S related to conditions existing in cun'ent outdoor seating/dining areas by producing
an ordinance which amends certain provisions contained in the Land Development Code; and
WHEREAS, the Mayor and City Commission are in the process of adopting an ordinance which
will amend Land Development Code (LDC) Section 20-3.3(E) in order to establish new and npdated
regulations for pennitting ontdoor restaurant and seating / dining; and
WHEREAS, revised LDC Section 20-3.3 (E) contains a provision which states that fees to be
charged for ontdoor seating shall be set forth in a resolntion or ordinance to be adopted by the City
Commission ..
WHEREAS, the City COlmnission at its Angust 5, 2008 meeting adopted Resolntion No. 134-
08-12731 establishing specific fees for pennits allowing ontdoor seating/dining ,and:
WHEREAS, the City Commission at its August 27, 2008 meeting detennined that the fees for
pennits allowing outdoor seating/dining should be adjusted and directed that a revised resolution be
placed on the next agenda.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The fee for outdoor dining/seating use and area will be charged annually in the
amount of $25 for each ontdoor seat located on public rights-of-way and $520 for any stand
alone table top with no seating which is used for consumption of beverages or food which is
located on public rights-of-way. The annual fee for each outdoor seat shall be automatically
increased by $10 each year until the fee for each outdoor seat is $65. An annual fee of $250 shall
be charged for all outdoor dining/seating use permits using private property. .
Section 2. City Commission Resolution No. 134-08-12731 adopted by the Commission on August 5,
2008 is hereby repealed.
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Res. No. 150-08-12747
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Section 3. This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this /J"'-f, day of ~, 2008
ATTEST: APPROVED:
READ AND APPROVED AS TO FORM: COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
C6mmissioner Palmer:
Commissioner Beckman:
'ORNEY
X:\Comm Items\2008\9-2-08\Outdoor seating Fee Revised 2 Resol.doc
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3-1
Yea
Nay
Yea
absent
Yea